Employers are responsible for verifying the identity and employment authorization of newly hired employees. The Form I-9 (Employment Eligibility Verification) is critical to any employer’s onboarding process for new hires, but ongoing Form I-9 maintenance is equally important with respect to existing employees who need to renew their work authorization documents with the Department of Homeland Security (DHS).

Some employers have faced challenges in this regard following DHS’s recent announcement of a Temporary Final Rule increasing the automatic extension period for employment authorization for certain individuals from 180 to 540 days. The rule was intended to provide additional security to both employees and employers while their renewal applications are being adjudicated by U.S. Citizenship & Immigration Services (USCIS). However, the rule also raises significant considerations for employers seeking to maintain proper Form I-9 compliance and avoid liability for past errors.

Continue Reading Critical Form I-9 Compliance Risks as DHS Changes Work Authorization Rules

The “Ukraine Crisis: Ten Key Questions” Q+A series focuses on the fast-evolving crisis in Ukraine with each episode concentrating on specific points of discussion. In this episode, Amy Jacks (Restructuring partner, London) asks Liz Stern (Global Head of Mobility and Managing Partner, Washington DC) ten key questions on mobility.

It provides you with a quick and easy way to stay on top of how the situation is rapidly developing and provides you with insights that will allow you to assess the impact of significant developments on your business.

Video duration: approximately 17 minutes

On June 10, 2022, the Centers for Disease Control and Prevention (CDC) announced the rescission of the Order titled “Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery from COVID-19 for All Airline or Other Aircraft Passengers Arriving in the United States from any Foreign Country.” This rescission takes effect for flights departing to the United States from a foreign country at or after 12:01am ET (4:01am GMT) on Sunday, June 12, 2022. Accordingly, passengers will no longer need to present test results before boarding an aircraft flying to the United States. The CDC still recommends that travelers test for COVID-19 before and after travel.

Prior orders requiring proof of vaccination against COVID-19 for most noncitizens who are nonimmigrants traveling to the United States are still in effect.

Effective June 1, 2022, the Italian government has lifted all COVID-related entry requirements for international travelers. Under the new rules, travelers are no longer required to conduct pre- or post-arrival testing, complete pre-departure registration, or demonstrate proof of vaccination. The elimination of COVID-related entry requirements makes Italy part of a growing number of countries that have loosened or eliminated COVID-related entry requirements on international travelers, including the United Kingdom, Ireland, Norway, and Sweden.

Continue Reading Italy Eliminates All COVID-Related Entry Requirements

Effective May 23, 2022, South Korea has loosened its pre-arrival COVID-19 testing requirements for foreign nationals. Specifically, foreign nationals seeking to enter the country can now present either a negative PCR test or a supervised rapid antigen test (RAT). Previously, only PCR tests were accepted. The RAT must be conducted by a health care provider such as a hospital or clinic; at-home RATs are not accepted. South Korea’s move represents another incremental relaxation of the country’s COVID-19 entry requirements and follows the easing of quarantine requirements for fully vaccinated travelers in April.

Continue Reading South Korea Updates COVID-19 Entry Requirements

The Department of Homeland Security (DHS) announced that US Citizenship & Immigration Services (USCIS) will accept premium processing requests on a rolling basis for certain immigrant petitions (Form I-140) for multinational executives/managers and for members of professions with advanced degrees or exceptional ability seeking a national interest waiver. Immigrant petitions (Form I-140) are filed by employers sponsoring employees and individuals for US permanent residency (the US green card).  This is the first implementation phase of the previously announced premium processing expansion.

Employers will be able to request premium processing (expedited adjudication based on a government filing fee) in a staggered approach for the newly-included categories, but note that this benefit applies only to cases filed on or before a specific date in 2021.

Premium Processing May Be Requested Beginning On: Case Type Filed On or Before
June 1, 2022 EB-1C Multinational Managers/Executives January 1, 2021
July 1, 2022 EB-1C Multinational Managers/Executives March 1, 2021
July 1, 2022 EB-2 National Interest Waivers June 1, 2021

Continue Reading Long Awaited Expansion of Expedited Processing: EB-1 and EB-2 Employment Cases

Europe Justice

On April 27, 2022, the European Commission – the executive arm of the European Union – proposed the digitalization of the Schengen visa process. If implemented, the proposal would enable an online visa application platform and replace visa stickers in passports with a secure electronic status. Applicants may still need to visit consular posts to submit biometric data, such as fingerprints. Under the Commission’s proposal, Schengen Area member countries would have five years from the date of implementation to switch to the digitalized visa platform.

Continue Reading EU Moves Toward Digitalizing Schengen Visas

The Department of Homeland Security (DHS) announced a new rule which permits certain noncitizen applicants to continue working without disruption while their requests for employment authorization are pending adjudication. Qualified individuals must have a pending Form I-765 (Application for Employment Authorization) and meet other criteria (timely filed, same employment category, received a Form I-797C notice) to continue working for up to 540 days from the expiration date stated on their Employment Authorization Documents (EADs or Forms I-766).

Continue Reading DHS Extends Work Permits for Approximately 18 Months, Immediately Affecting 87,000 Applicants

Effective May 9, 2022, the Taiwanese government will reduce the required quarantine period for all international arrivals from ten days to seven, followed by a seven-day self-health management period. The announcement from Taiwan’s Central Epidemic Command Center (CECC) is an incremental step toward normalizing international travel procedures. Since the start of the COVID-19 pandemic, Taiwan has barred most foreign nationals from entering the country.

Continue Reading Taiwan Shortens Post-Arrival Quarantine Period

On April 22, 2022, the Irish government announced an expansion of the eligibility criteria for the country’s multiple entry short stay visas. The changes mean that foreign nationals from all visa-required countries will now be eligible to apply for a five-year, multiple entry short stay visa.  The government’s announcement is intended to ease administrative burdens and facilitate multiple short-stay trips by visa-required nationals as the country emerges from the COVID-19 pandemic.

Continue Reading Ireland Expands Eligibility for Multiple Entry Short Stay Visas